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S. 3091 (94th): An Act to amend the Forest and Rangeland Renewable Resources Planning Act of 1974, and for other purposes.


The text of the bill below is as of Oct 22, 1976 (Passed Congress).


PUBLIC LAW 94-588—OCT. 22, 1976                               90 STAT. 2949

Public Law 94-588
94th Congress
                                 An Act
To amend the Forest and Rangeland Renewable Resources Planning Act of 1Q74,     Oct. 22, 19/6
                          and for other purposes.                                 [S. 3091]

  Be It endcted hy the Senate and House of Representatives     of the
United States of America in Congress assembled, T h a t this Act may           National Forest
be cited as the '"'National Forest Management Act of 1976".                    Management Act
                                                                               of 1976.
                                                                               16 u s e 1600
                                 FINDINGS
                                                                               note.
  SEC. 2. The Forest and Rangeland Renewable Resources P l a n n i n g                   -
Act of 1974 (88 Stat. -t76; 16 U.S.C. 1601-1610) is amended by redesig-
nating sections 2 through 11 as sections 3 through 12, respectively;
and by a d d i n g a new section 2 as follows:
  " S E C . 2. FINDINGS.—The Congress finds that—                              16 USC 1600.
          " ( 1 ) the management of the Nation's renewable resources is
      highly complex and the uses, demand for, and supply of the vari-
      ous resources are subject to change over t i m e ;
          *' (2) the public interest is served by the Forest Service. Depart-
      ment of Agriculture, in cooperation with other agencies,
      assessing the Nation's renewable resources, and developing and
      p r e p a r i n g a national renewable resource program, which is peri-
      odically reviewed and u p d a t e d ;
          " ( 3 ) to serve the national interest, the renewable resource pro-
      g r a m must be based on a comprehensive assessinent of present and
      anticipated uses, demand for, and supply of renewable resources
      from the Nation's public and private forests and rangelands,
      through analysis of environmental and economic impacts, coordi-
      nation of multiple use and sustained yield opportunities as pro-
      vided in the Multiple-L^se Sustained-Yield Act of 1960 (74 Stat.
      215; 16 U.S.C. 528-531), and public participation in the develop-
      ment of the p r o g r a m ;                                                      ,.
          " ( 4 ) the new knowledge derived from coordinated public and
      private research programs will promote a sound technical and
      ecological base for effective management, use, and protection of
      the Nation's renewable resources;
          " (5) inasmuch as the majority of the Nation's forests and range-            ^
      land is under private, State, and local governmental management
      and the Nation's major capacity to produce goods and services is
      based on these nonfederally managed renewable resources, the
      Federal Government should be a catalyst to encourage and assist
      these owners in the efficient long-term use and improvement of
      these lands and their renewable resources consistent with the
      principles of sustained yield and multiple use;
          " ( 6 ) the Forest Service, by virtue of its statutory authority for
      management of the National Forest System, research and coopera-
      tive programs, and its role as an agency in the Department of
      Agriculture, has both a responsibility and an opportunity to be a
      leader in assuring t h a t the Nation maintains a natural resource
      conservation posture t h a t will meet the requirements of our people
      in perpetuity; and

90 STAT. 2950 PUBLIC LAW 94-588—OCT. 22, 1976 "(7) recycled timber product materials are as much a part of our renewable forest resources as are the trees from which they originally came, and in order to extend our timber and timber fiber resources and reduce pressures for timber production from Federal lands, the Forest Service should expand its research in the use of recycled and waste timber product materials, develop techniques for the substitution of these secondary materials for primary materials, and promote and encourage the use of recycled timber product materials.". REPORTS ON FIBER POTENTIAL, WOOD UTILIZATION BY MILLS, WOOD WASTES AND WOOD PRODUCT RECYCLING SEC. 3. Section 3 of the Forest and Kangeland Kenewable Resources 16 use 1601. Planning Act of 1974, as redesignated by section 2 of this Act, is amended by adding at the end thereof a new subsection (c) as follows: "(c) The Secretary shall report in the 1979 and subsequent Assess- ments on: " (1) the additional fiber potential in the National Forest System including, but not restricted to, forest mortality, growth, salvage potential, potential increased forest products sales, economic con- straints, alternate markets, contract considerations, and other multiple use considerations; "(2) the potential for increased utilization of forest and wood product wastes in the National Forest System and on other lands, and of urban wood wastes and wood product recycling, including recommendations to the Congress for actions which would lead to increased utilization of material now being wasted both in the ^ forests and in manufactured products; and " (3) the milling and other wood fiber product fabrication facili- ties and their location in tlie Unite 1 States, notin<^ the public and private forested areas that supply such facilities, assessing the degree of utilization into product form of harvested trees by such facilities, and setting forth the technology appropriate to the facilities to improve utilization either individually or in aggregate Program. units of harvested trees and to reduce wasted wood fibers. The Secretary shall set forth a program to encourage the adoption by these facilities of these technologies for improving wood fiber utilization. Public "(d) In developing the reports required under subsection (c) of involvement, this section, the Secretary shall provide opportunity for public involve- consultation. ment and shall consult with other interested governmental departments and agencies.". REFORESTATION 16 use 1601. SEC. 4. Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as redesignated by section 2 of this Act, is amended by adding at the end th.ereof new subsections (d) and (e) as follows: "(d) (1) It is the policy of the Congress that all forested lands in the National Forest System shall be maintained in appropriate forest cover with species of trees, degree of stocking, rate of growth, and conditions of stand designed to secure the maximum benefits of mul- tiple use sustained yield management in accordance with land manage- Annual report to ment plans. Accordingly, the Secretary is directed to identify and Congress. report to the Congress annually at the time of submission of the Presi- dent's budget together with the annual report provided for under section 8(c) of this Act, beginning with submission of the President's
PUBLIC LAW 94-588—OCT. 22, 1976 90 STAT. 2951 budget foir ^scal year 1978, the amount and location by forests and States and by productivity class, where practicable, of all lands in the Natrpnal Forest System where objectives of land management plans indicate the need to reforest areas that have been cut-over or otherwise denuded or deiorested, and all lands with stands of trees that are not growing at their best potential rate of growth. All national forest Treated lands. lands treated frdin year to year shall be examined after the first and Examination, third growing sealSons and certified by the Secretary in the report pro- certification. vided for under thi^ subsection as to stocking rate, growth rate in rela- tion to potential and other pertinent measures. Any lands not certified as satisfactory sh^ll be returned to the backlog and scheduled for prompt treatment. The level and types of treatment shall be those which secure the most effective mix of multiple use benefits. "(2) Notwithstanding the provisions of section 9 of this Act, the Replanting and Secretary shall annually for eight years following the enactment of treating acreages, this subsection, transmit to the Congress in the manner provided in funds, estimates; transmittal to this subsection an estimate of the sums necessary to be appropriated, Congress. in addition to the funds available from other sources, to replant and otherwise treat an acreage equal to the acreage to be cut over that year, plus a sufficient portion of the backlog of lands found to be in need of treatment to eliminate the backlog within the eight-yeai" period. After such eight-year period, the Secretary shall transmit annually to Annual estimates the Congress an estimate of the sums necessary to replant and other- transmittal to wise treat all lands being cut over and maintain planned timber pro- Congress. duction on all other forested lands in the National Forest System so as to prevent the development of a backlog of needed work larger than the needed work at the beginning of the fiscal year. The Secretary's estimate of sums necessary, in addition to the sums available under other authorities, for accomplishment of the reforestation and other treatment of National Forest System lands under this section shall be provided annually for inclusion in the President's budget and shall also be transmitted to the Speaker of the House and the President of the Senate together with the annual report provided for under section 8(c) of this Act at the time of submission of the President's budget to the Congress beginning with the budget for fiscal year 1978. The sums estimated as necessary for reforestation and other treatment shall include moneys needed to secure seed, grow seedlings, prepare sites, plant trees, thin, remove deleterious growth and underbrush, build fence to exclude livestock and adverse wildlife from regeneration areas and otherwise establish and improve growing forests to secure planned production of trees and other multiple use values. "(3) Effective for the fiscal year beginning October 1, 1977, and Appropriation each fiscal year thereafter, there is hereby authorized to be appropri- authorization. ated for the purpose of reforesting and treating lands in the National Forest System $200,000,000 annually to meet requirements of this subsection (d). All sums appropriated for the purposes of this sub- section shall be available until expended. "(e) The Secretary shall submit an annual report to the Congress Annual report to on the amounts, types, and uses of herbicides and pesticides used in Congress. the National Forest System, including the beneficial or adverse effects of such uses.". RENEWABLE RESOURCE PROGRAM SEC. 5. Section 4 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as redesignated by section 2 of this Act, is 16 u s e 1602. amended by striking out the word "and" at the end of paragraph (3); striking out the word "satisfy" and inserting in lieu thereof "imple- ment and monitor" in paragraph (4); striking out the period at the
90 STAT. 2952 PUBLIC LAW 94-588—OCT. 22, 1976 end of paragraph (4) and inserting in lieu thereof a semicolon and the word "and"; and by adding a new paragraph (5) as follows: "(5) Program recommendations which— " (A) evaluate objectives for the major Forest Service pro- grams in order that multiple-use and sustained-yield relation- ships among and within the renewable resources can be determined; "(B) explain the opportunities for owners of forests and rangeland to participate in programs to improve and enhance the condition of the land and the renewable resource pi'oducts therefrom; "(C) recognize the fundamental need to protect and, where appropriate, improve the quality of soil, water, and air resources; "(D) state national goals that recognize the interrelation- ships between and interdependence within the renew^able resources; and " ( E ) evaluate the impact of the export and import of raw logs upon domestic timber supplies and prices.". NATIONAL FOREST SYSTEM RESOURCE P L A N N I N G SEC. 6. Section 6 of the Forest and Rangeland Renewable Resources 16 use 1604. Planning Act of 1974, as redesignated by section 2 of this Act, is amended by adding at the end thereof new subsections (c) through (m) as follows: Standards and "(c) The Secretary shall begin to incorporate the standards and guidelines, guidelines required by this section in plans for units of the National incorporation. Forest System as soon as practicable after enactment of this subsec- tion and shall attempt to complete such incorporation for all such Report to units by no later than September 30, 1985. The Secretary shall report Congress. to the Congress on the progress of such incorporation in the annual Management. report required by section 8(c) of this Act. Until such time as a unit Post, p. 2956. of the National Forest System is managed under plans developed in accordance with this Act, the management of such unit may continue under existing land and resource management plans. Public "(d) The Secretary shall provide for public participation in the participation, development, review, and revision of land management plans includ- meetings. ing, but not limited to, making the plans or revisions available to the public at convenient locations in the vicinity of the affected unit for a period of at least three months before final adoption, during which period the Secretary shall publicize and hold public meetings or comparable processes at locations that foster public participation in the review of such plans or revisions. Plans. "(e) In developing, maintaining, and revising plans for units of the National Forest System pursuant to this section, the Secretary shall assure that such plans— "(1) provide for multiple use and sustained yield of the prod- ucts and services obtained therefrom in accordance with the 16 u s e 528 note. Multiple-Use Sustained-Yield Act of 1960, and, in particular, include coordination of outdoor recreation, range, timber, water- shed, wildlife and fish, and wilderness; and "(2) determine forest management systems, harvesting levels, and procedures in the light of all of the uses set forth in subsection (c) (1), the definition of the terms 'multiple use' and 'sustained yield' as provided in the Multiple-Use Sustained-Yield Act of 1960, and the availability of lands and their suitability for resource management. -
PUBLIC LAW 94-588—OCT. 22, 1976 90 STAT. 2953 " ( f ) P l a n s developed in accordance with this section shall— " ( 1 ) form one integrated plan for each unit of the National Forest System, incorporating in one document or one set of docu- ments, available to the public at convenient locations, all of the features required by this section; " ( 2 ) be embodied in a p p r o p r i a t e written material, including m a p s and other descriptive documents, reflecting proposed and possible actions, including the planned timber sale p r o g r a m and the proportion of probable methods of timber harvest within t h e unit necessary to fulfill t h e plan ; " ( 3 ) be prepared by an interdisciplinary team. E a c h team shall prepare its plan based on inventories of the applicable resources of the forest; " (4) be amended in any manner whatsoever after final adoption Public notice. after public notice, and, if such amendment would result in a significant change in such plan, in accordance with the provisions of subsections (e) and (f) of this section and public involvement comparable to t h a t required by subsection (d) of this section; and " (5) be revised ( A ) from time to time when the Secretary finds Revision, conditions in a unit have significantly changed, but at least every fifteen years, and ( B ) in accordance with the provisions of sub- sections (e) and (f) of this section and public involvement comparable to that required by subsection (d) of this section. " ( g ) A s soon as practicable, but not later t h a n two years after Regulations, enactment of this subsection, the Secretary shall in accordance with the procedures set forth in section 553 of title 5, United States Code, promulgate regulations, under the principles of t h e Multiple-Use Sustained-Yield Act of 1960, t h a t set out the process for the develop- 16 use 528 note. ment and revision of the land management plans, and the guidelines and standards prescribed by this subsection. The regulations shall include, but not be limited to— " ( 1 ) specifying procedures to insure t h a t land management plans are prepared in accordance with the National Environ- mental Policy Act of 1969, including, but not limited to, direction 42 use 4321 on when and for w h a t plans an environmental impact statement note. required under section 102(2) (C) of t h a t Act shall be p r e p a r e d ; 42 u s e 4332. " ( 2 ) specifying guidelines which— " ( A ) require the identification of the suitability of lands for resource management; " ( B ) provide for obtaining inventorj^ data on t h e various renewable resources, and soil and water, including pertinent maps, g r a p h i c material, and explanatory aids; and " ( C ) provide for methods to identify special conditions or situations involving hazards to the various resources and their relationship to alternative activities; " ( 3 ) specifying guidelines for land management plans devel- oped to achieve t h e goals of the P r o g r a m which— " ( A ) insure consideration of the economic and environ- mental aspects of various systems of renewable resource management, including the related systems of silviculture and protection of forest resources, to provide for outdoor recre- ation (including wilderness), range, timber, watershed, wildlife, and fish; " ( B ) provide for diversity of plant and animal com- munities based on the suitability and capability of the specific land area in order to meet overall multiple-use objectives, and within the multiple-use objectives of a land management plan adopted p u r s u a n t to this section, provide, where appropriate,
90 STAT. 2954 PUBLIC LAW 94-588—OCT. 22, 1976 to the degree practicable, for steps to be taken to preserve the diversity of tree species similar to that existing in the region controlled by the plan; "(C) insure research on and (based on continuous moni- toring and assessment in the field) evaluation of the effects of each management system to the end that it will not produce substantial and permanent impairment of the productivity of the land; "(D) permit increases in harvest levels based on intensified management practices, such as reforestation, thinning, and tree improvement if (i) such practices justify increasing the harvests in accordance with the Multiple-Use Sustained-Yield 16 use 528 note. Act of 1960, and (ii) such harvest levels are decreased at the end of each planning period if such practices cannot be suc- cessfully implemented or funds are not received to permit such practices to continue substantially as planned; " ( E ) insure that timber will be harvested from National Forest System lands only where— "(i) soil, slope, or other watershed conditions will not be irreversibly damaged; "(ii) there is assurance that such lands can be ade- quately restocked within five years after harvest; "(iii) protection is provided for streams, streambanks, shorelines, lakes, wetlands, and other bodies of water from detrimental changes in water temperatures, block- ages of water courses, and deposits of sediment, where harvests are likely to seriously and adversely affect water conditions or fish habitat; and "(iv) the harvesting system to be used is not selected primarily because it will give the greatest dollar return or the greatest unit output of timber; and " ( F ) insure that clearcutting, seed tree cutting, shelter- wood cutting, and other cuts designed to regenerate an even- aged stand of timber will be used as a cutting method on National Forest System lands only where— "(i) for clearcutting, it is determined to be the opti- mum method, and for other such cuts it is determined to be appropriate, to meet the objectives and requirements of the relevant land management plan; " (ii) the interdisciplinary review as determined by the Secretary has been completed and the potential environ- mental, biological, esthetic, engineering, and economic impacts on each advertised sale area have been assessed, as well as the consistency of the sale with the multiple use of the general area; "(iii) cut blocks, patches, or strips are shaped and blended to the extent practicable with the natural terrain; "(iv) there are established according to geographic areas, forest types, or other suitable classifications the maximum size limits for areas to be cut in one harvest operation, including provision to exceed the established limits after appropriate public notice and review by the responsible Forest Service officer one level above the For- est Service officer who normally would approve the har- vest proposal: Provided^ That such limits shall not apply to the size of areas harvested as a result of natural cata- strophic conditions such as fire, insect and disease attack, or windstorm; and , _ ,
PUBLIC LAW 94-588—OCT. 22, 1976 90 STAT. 2955 "(v) such cuts are carried out in a manner consistent with the protection of soil, watershed, fish, wildlife, rec- reation, and esthetic resources, and the regeneration of the timber resource. "(h) (1) In carrying out the purposes of subsection (g) of this sec- Committee, tion, the Secretary of Agriculture shall appoint a committee of scien- appointment. tists who are not oiRcers or employees of the Forest Service. The committee shall provide scientific and technical advice and counsel on proposed guidelines and procedures to assure that an effective inter- disciplinary approach is proposed and adopted. The committee shall Termination, terminate upon promulgation of the regulations, but the Secretary may, from time to time, appoint similar committees when considering revisions of the regulations. The views of the committees shall be included in the public information supplied when the regulations are proposed for adoption. "(2) Clerical and technical assistance, as may be necessary to dis- charge the duties of the committee, shall be provided from the per- sonnel of the Department of Agriculture. " (3) While attending meetings of the committee, the members shall Compensation be entitled to receive compensation at a rate of $100 per diem, includ- and travel ing traveltime, and while away from their homes or regular places of expenses. business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed inter- mittently. "(i) Resource plans and permits, contracts, and other instruments for the use and occupancy of National Forest System lands shall be consistent with the land management plans. Those resource plans and permits, contracts, and other such instruments currently in existence shall be revised as soon as practicable to be made consistent with such plans. When land management plans are revised, resource plans and permits, contracts, and other instruments, when necessary, shall be revised as soon as practicable. Any revision in present or future permits, contracts, and other instruments made pursuant to this section shall be subject to valid existing rights. "(j) Land management plans and revisions shall become effective thirty days after completion of public participation and publication of notification by the Secretary as required under section 6(d) of this Act. "(k) In developing land management plans pursuant to this Act, the Secretary shall identify lands within the management area which are not suited for timber production, considering physical, economic, and other pertinent factors to the extent feasible, as determined by the Secretary, and shall assure that, except for salvage sales or sales necessitated to protect other multiple-use values, no timber harvesting shall occur on such lands for a period of 10 years. Lands once identified as unsuitable for timber production shall continue to be treated for reforestation purposes, particularly with regard to the protection of other multiple-use values. The Secretary shall review his decision to Review. classify these lands as not suited for timber production at least every 10 years and shall return these lands to timber production whenever he determines that conditions have changed so that they have become suitable for timber production. "(1) The Secretary shall— "(1) formulate and implement, as soon as practicable, a process for estimating long-terms costs and benefits to support the pro- gram evaluation requirements of this Act. This process shall
90 STAT. 2956 PUBLIC LAW 94-588—OCT. 22, 1976 include requirements to provide information on a representative sample basis of estimated expenditures associated with the reforestation, timber stand improvement, and sale of timber from the National Forest System, and shall provide a comparison of these expenditures to the return to the Government resulting from the sale of timber; and "(2) include a summary of data and findings resulting from these estimates as a part of the annual report required pursuant to section 8(c) of this Act, including an identification on a repre- sentative sample basis of those advertised timber sales made below the estimated expenditures for such timber as determined by the above cost process; and Standards, " (m) The Secretary shall establish— establishment. "(1) standards to insure that, prior to harvest, stands of trees throughout the National Forest System shall generally have reached the culmination of mean annual increment of growth (cal- culated on the basis of cubic measurement or other methods of calculation at the discretion of the Secretary) : Provided^ That these standards shall not preclude the use of sound silvicultural practices, such as thinning or other stand improvement measures: Provided further, That these standards shall not preclude the Sec- retary from salvage or sanitation harvesting of timber stands which are substantially damaged by fire, windthrow or other catastrophe, or which are in imminent danger from insect or dis- ease attack; and " (2) exceptions to these standards for the harvest of particular species of trees in management units after consideration has been given to the multiple uses of the forest including, but not limited to, recreation, wildlife habitat, and range and after completion of public participation processes utilizing the procedures of subsec- tion (d) of this section.". NATIONAL PARTICIPATION SEC. 7. Section 8 of the Forest and Rangeland Renewable Resources 16 use 1606. Planning Act of 1974, as redesignated by section 2 of this Act, is amended— (a) by striking out "sixty" in the second sentence of subsection (a) and inserting in lieu thereof the word "ninety"; and by strik- ing out "sixty-day period" in the third sentence of subsection (a) and inserting in lieu thereof "ninety-day period"; and (b) by adding a new sentence at the end of subsection (c) as folloAvs: "With regard to the research component of the program, the report shall include, but not be limited to, a description of the status of major research programs, significant findings, and how these findings will be applied in National Forest System management.". TRANSPORTATION SYSTEM SEC. 8. Section 10 of the Forest and Rangeland Renewable Resources 16 use 1608. Planning Act of 1974, as redesignated by section 2 of this Act, is amended by inserting " ( a ) " immediately before the words "The Con- gress" and inserting at the end thereof new subsections (b) and (c) as follows: Road design. "(b) Unless the necessity for a permanent road is set forth in the forest development road system plan, any road constructed on land of the National Forest System in connection with a timber contract or other permit or lease shall be designed with the goal of reestablishing
PUBLIC LAW 94-588—OCT. 22, 1976 90 STAT. 2957 vegetative cover on the roadway and areas where t h e vegetative cover has been disturbed by the construction of the road, within ten years after the termination of the contract, permit, or lease either through artificial or natural means. Such action shall be taken unless it is later determined t h a t the road is needed for use as a p a r t of the National Forest Transportation System. " ( c ) Roads constructed on National Forest System lands shall be Road designed to standards appropriate for the intended uses, considering construction, safety, cost of transportation, and impacts on land and resources.". NATIONAL FOREST SYSTEM SEC. 9. Section 11(a) of the Forest and Rangeland Renewable Resources P l a n n i n g Act of 1974, as redesignated by section 2 of this Act, is amended by adding at the end thereof the following new sen- 16 USC 1609. tence: "NotAvithstanding the provisions of the Act of J u n e 4,1897 (30 Stat. 34; 16 U.S.C. 473), no land now or hereafter reserved or with- d r a w n from the public domain as national forests pursuant to the Act . .i* of March 3,1891 (26 Stat. 1103; 16 U.S.C. 471), or any act supplemen- t a r y to and amendatory thereof, shall be returned to t h e public domain except by an act of Congress.". RENEWABLE RESOURCES SEC. 10. Section 12 of the Forest and Rangeland Renewable Resources P l a n n i n g Act of 1974, as redesignated by section 2 of this Act, is amended by striking out the period at the end of t h a t section 16 USC 1610. and inserting in lieu thereof the following: "and on the date of enact- ment of any legislation amendatory or supplementary thereto.". LIMITATIONS ON TIMBER REMOVAL; PUBLIC PARTICIPATION AND ADVISORY BOARDS; REGULATIONS; SEVERABILITY SEC. 11. The Forest and Rangeland Renewable Resources P l a n n i n g Act of 1974 is amended by adding at the end thereof new sections 13 t h r o u g h 16 as follows: " S E C . 13. LIMITATIONS ON T I M B E R REMOVAL.— (a) The S e c r e t a r y of 16 USC 1611. Agriculture shall limit the sale of timber from each national forest to a quantity equal to or less t h a n a quantity which can be removed from ., ^ ^ ' such forest annually in perpetuity on a sustained-yield basis: Provided, That, in order to meet overall multiple-use objectives, the Secretary m a y establish an allowable sale quantity for any decade which departs from the projected long-term average sale quantity t h a t would other- wise be established: Provided further, T h a t any such planned depar- ture must be consistent with the multiple-use management objectives of the land management plan. P l a n s for variations in the allowable Sales, sale quantity must be made with public participation as required by section 6 ( d ) of this Act. I n addition, within any decade, the Secretary may sell a quantity in excess of the annual allowable sale quantity established pursuant to this section in the case of any national forest v. so long as the average sale quantities of timber from such national forest over the decade covered by the plan do not exceed such quantity limitation. I n those cases where a forest has less t h a n two hundred thousand acres of commercial forest land, the Secretary may use two or more forests for purposes of determining the sustained yield. " ( b ) Nothing in subsection (a) of this section shall prohibit the Secretary from salvage or sanitation harvesting of timber stands 89-194 O—78—Dt. 2 94
90 STAT. 2958 PUBLIC LAW 94-588—OCT. 2 2 , 1976 which are substantially damaged by fire, windthrow, or other catas- trophe, or which are in imminent danger from insect or disease attack. T h e Secretary may either substitute such timber for timber t h a t would otherwise be sold under the plan or, if not feasible, sell such timber over and above the plan volume. Hearings, "SEC. 14. P U B L I C PARTICIPATION AND ADVISORY BOARDS.— (a) In notice. exercising his authorities under this A c t and other laws applicable to 16 u s e 1612. the Forest Service, t h e Secretary, by regulation, shall establish pro- cedures, including public hearings where appropriate, to give the Federal, State, a n d local governments a n d t h e public adequate notice and an opportunity to comment upon t h e formulation of standards, criteria, and guidelines applicable to Forest Service programs. Advisory boards. " ( b ) I n providing for public participation in the planning for and Establishment. management of t h e National Forest System, t h e Secretary, pursuant to the Federal Advisory Committee A c t (86 Stat. 770) a n d other 5 u s e app. I. applicable law, shall establish a n d consult such advisory boards as he deems necessary t o secure full information a n d advice on the execution of his responsibilities. T h e membership of such boards shall be repre- Membership. sentative of a cross section of groups interested in the planning for a n d management of t h e National Forest System a n d the various types of use a n d enjoyment of t h e lands thereof.". 16 u s e 1613. " S E C . 15. REGULATIONS.—The Secretary of Agriculture shall pre- scribe such regulations as he determines necessary a n d desirable to carry out the provisions of this Act. " S E C . 16. SEVERABILITY.—If any provision of this A c t or the appli- 16 u s e 1614. cation thereof t o any person or circumstances is held invalid, t h e validity of the remainder of t h e A c t a n d of the application of such provision to other persons a n d circumstances shall n o t be affected thereby.". CONFORMING AMENDMENTS TO T H E FOREST AND RANGELAND RENEWABLE RESOURCES P L A N N I N G ACT OF 1 9 7 4 SEC. 12. T h e Forest a n d Rangeland Renewable Resources P l a n n i n g Act of 1974 is amended a s follows: 16 u s e 1604. (a) Section 6 ( a ) , as redesignated by section 2 of this Act, is amended by striking out "section 3 " a n d inserting in lieu thereof "sec- tion 4 " . 16 u s e 1606. (b) Section 8, as redesignated by section 2 of this Act, is amended— ,... • (1) by striking out "section 2 " a n d "section 3 " in the first sen- tence of subsection ( a ) a n d inserting in lieu thereof "section 3 " and "section 4", respectively; (2) by striking out "section 3 " in subsection (c) a n d inserting in lieu thereof "section 4 " ; a n d (3) by striking out "section 3 " in t h e first sentence of subsec- tion ( d ) and inserting in lieu thereof "section 4". AMENDMENT TO T H E ORGANIC ACT Repeal. SEC. 13. T h e twelfth undesignated p a r a g r a p h u n d e r t h e heading "SURVEYING THE PUBLIC L A N D S " in the Act of J u n e 4,1897 (30 S t a t . 35, as amended; 16 U.S.C. 476), is hereby repealed. TIMBER SALES ON NATIONAL FOREST SYSTEM LANDS Rules and SEC. 14. ( a ) F o r the purpose of achieving t h e policies set forth i n regulations. the Multiple-Use Sustained-Yield A c t of 1960 (74 Stat. 215; 16 U.S.C. 16 u s e 472a.
PUBLIC LAW 94-588—OCT. 22, 1976 90 STAT. 2959 528-531) and the Forest and Rangeland Renewable Resources Plan- ning Act of 1974 (88 Stat. 476; 16 U.S.C. 1601-1610), the Secretary of Agriculture, under such rules and regulations as he may prescribe, may sell, at not less than appraised value, trees, portions of trees, or forest products located on National Forest System lands. (b) All advertised timber sales shall be designated on maps, and a Maps and prospectus shall be available to the public and interested potential prospectus. bidders. (c) The length and other terms of tlie contract shall be designed to Contract. promote orderly harvesting consistent with the principles set out in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended. Unless there is a finding by the Secretary of Ante, p. 2952. Agriculture that better utilization of the various forest resources (con- sistent with the provisions of the Multiple-Use Sustained-Yield Act of 1960) will result, sales contracts shall be for a period not to exceed 16 u s e 528 note ten years: Provided, That such period may be adjusted at the discretion of the Secretary to provide additional time due to time delays caused by an act of an agent of the United States or by other circumstances beyond the control of the purchaser. The Secretary shall require the Filing. purchaser to file as soon as practicable after execution of a contract for any advertised sale with a term of two years or more, a plan of opera- tion, which shall be subject to concurrence by the Secretary. The Sec- retary shall not extend any contract period with an original term of two years or more unless he finds (A) that the purchaser has diligently performed in accordance with an approved plan of operation or (B) that the substantial overriding public interest justifies the extension. (d) The Secretary of Agriculture shall advertise all sales unless he Sales, determines that extraordinary conditions exist, as defined by regula- advertisement. tion, or that the appraised value of the sale is less than $10,000. If, upon proper offering, no satisfactory bid is received for a sale, or the bidder fails to complete the purchase, the sale may be offered and sold without further advertisement. (e) The Secretary of Agriculture shall take such action as he may Collusive deem appropriate to obviate collusive practices in bidding for trees, practices, portions of trees, or forest products from National Forest System obviation. lands, including but not limited to— (1) establishing adequate monitoring systems to promptly identify patterns of noncompetitive bidding; (2) requiring sealed bidding on all sales except where the Sec- retary determines otherwise by regulation; and (3) requiring that a report of instances of such collusive prac- Report, submittal tices or patterns of noncompetitive bidding be submitted to the to Attorney Attorney General of the United States with any and all supporting General. data. (f) The Secretary of Agriculture, under such rules and regulations Rules and as he may prescribe, is authorized to dispose of, by sale or otherwise, regulations. trees, portions of trees, or other forest products related to research and demonstration projects. (g) Designation, marking when necessary, and supervision of har- vesting of trees, portions of trees, or forest products shall be conducted by persons employed by the Secretary of Agriculture. Such persons shall have no personal interest in the purchase or harvest of such prod- ucts and shall not be directly or indirectly in the employment of the purchaser thereof. (h) The Secretary of Agriculture shall develop utilization stand- Standards, ards, methods of measurement, and harvesting practices for the methods, and removal of trees, portions of trees, or forest products to provide for practices.
90 STAT. 2960 PUBLIC LAW 94-588—OCT. 22, 1976 the optimum practical use of the wood materiaL Such standards, methods, and practices shall reflect consideration of opportunities to promote more effective wood utilization, regional conditions, and species characteristics and shall be compatible with multiple use Monetary resource management objectives in the affected area. To accomplish deposits. the purpose of this subsection in situations involving salvage of insect- infested, dead, damaged, or down timber, and to remove associated trees for stand improvement, the Secretary is authorized to require the purchasers of such timber to make monetary deposits, as a part of the payment for the timber, to be deposited in a designated fund from which sums are to be used, to cover the cost to the United States for design, engineering, and supervision of the construction of needed roads and the cost for Forest Service sale preparation and supervision of the harvesting of such timber. Deposits of money pursuant to this subsection are to be available until expended to cover the cost to the United States of accomplishing the purposes for which deposited: Provided^ That such deposits shall not be considered as moneys received from the national forests within the meaning of sections 500 and 501 of title 16, United States Code: Avid provided further^ That sums found to be in excess of the cost of accomplishing the purposes for which deposited on any national forest shall be transferred to miscellaneous receipts in the Treasury of the United States. Road (i) (1) For sales of timber which include a provision for purchaser construction, credit for construction of permanent roads with an estimated cost in regulations. excess of $20,000, the Secretary of Agriculture shall promulgate regu- lations requiring that the notice of sale afford timber purchasers qualifying as "small business concerns" under the Small Business Act, 15 u s e 631 note. as amended, and the regulations issued thereunder, an estimate of the cost and the right, when submitting a bid, to elect that the Secretary Alaskan lands, build the proposed road: Provided^ That the provisions of this sub- exception. section shall not apply to sales of timber on National Forest System lands in the State of Alaska. Completion date. (2) If the purchaser makes such an election, the price subsequently paid for the timber shall include all of the estimated cost of the road. In the notice of sale, the Secretary of Agriculture shall set a date when such road shall be completed which shall be applicable to either construction by the purchaser or the Secretary, depending on the election. To accomplish requested work, the Secretary is authorized to use from any receipts from the sale of timber a sum equal to the estimate for timber purchaser credits, and such additional sums as may be appropriated for the construction of roads, such funds to be available until expended, to construct a road that meets the standards specified in the notice of sale. Effective date. (3) The provisions of this subsection shall become effective on October 1, 1976. VALIDATION OF TIMBER SALES CONTRACTS 16 use476note. SEC. 15. (a) Timber sales made pursuant to the Act of June 4,1897 (30 Stat. 35, as amended; 16 U.S.C. 476), prior to the date of enact- ment of this section shall not be invalid if the timber was sold in accord with Forest Service silvicultural practices and sales procedures in effect at the time of the sale, subject to the provisions of subsection (b) of this section. Revision. (b) The Secretary of Agriculture is directed, in developing five- year operating plans under the provisions of existing fifty-year timber sales contracts in Alaska, to revise such contracts to make them con- sistent with the guidelines and standards provided for in the Forest
PUBLIC LAW 94-588—OCT. 22, 1976 90 STAT. 29e»l and Rangeland Renewable Resources Planning Act of 1974, as amended, and to reflect such revisions in the contract price of timber. 16 use 1601 Any such action shall not be inconsistent with valid contract rights note. approved by the final judgment of a court of competent jurisdiction. PAYMENTS TO STATES FOR SCHOOLS AND ROADS SEC. 16. The sixth p a r a g r a p h under the heading " F O R E S T S E R V I C E " in the A c t of May 23, 1908, as amended, and section 13 of the Act of March 1, 1911, as amended (35 Stat. 260, 36 Stat. 963, as amended; 16 U.S.C. 500), are each amended by adding at the end thereof, respectively, the following new sentence: "Beginning "Moneys October 1,1976, t h e term 'moneys received' shall include all collections received." under the Act of J u n e 9, 1930, and all amounts earned or allowed any purchaser of national forest timber and other forest products within such State as purchaser credits, for the construction of roads on the National Forest Transportation System within such national forests or p a r t s thereof in connection with any Forest Service timber sales contract. The Secretary of Agriculture shall, from time to time as he Projections, goes through his process of developing the budget revenue estimates, availability to make available to the States his current projections of revenues and States. payments estimated to be made under the Act of May 23, 1908, as amended, or any other special Acts making payments in lieu of taxes, for their use for local budget planning purposes.". ACQUISITION OF NATIONAL FOREST SYSTEM LANDS SEC. 17. (a) T h e Act of March 1, 1911 (36 Stat. 961), as amended (16 U.S.C. 480, 500, 513-517, 517a, 518, 519, 521, 552, 563), is amended as follows: (1) Section 4, as amended, is repealed, and all functions of the Repeal. National Forest Reservation Commission are transferred to the Transfer of Secretary of Agriculture. functions. (2) Section 5 is repealed. 16 use 513. Repeal. (3) Section 6 is amended to read as follows: " T h e Secretary 16 u s e 513. of Agriculture is hereby authorized and directed to examine, 16 use 515. locate, and purchase such forested, cut-over, or denuded lands within the watersheds of navigable streams as in his judgment may be necessary to the regulation of the flow of navigable streams or for the production of timber. No deed or other instrument of conveyance of lands referred to herein shall be accepted or approved by t h e Secretary of Agriculture under this Act until the legislature of t h e S t a t e in which the land lies shall have consented to the acquisition of such land by the United States for the pur- pose of preserving the navigability of navigable streams.". (4) Section 7, as amended, is amended to read as follows: 16 u s e 516. " W h e n t h e public interests will be benefited thereby, the Secre- Land exchange. t a r y of Agriculture is hereby authorized, in his discretion, to accept on behalf of the United States title to any lands within the exterior boundaries of national forests which, in his opinion, are chiefly valuable for the purposes of this Act, and in exchange therefor to convey by deed not to exceed an equal value of such national forest land in the same State, or he may authorize the g r a n t o r to cut and remove an equal value of timber within such national forests in the same State, the values in each case to be determined by h i m : Provided^ T h a t before any such exchange is Notice, effected notice of the contemplated exchange reciting the lands publication in involved shall be published once each week for four successive newspapers.
90 STAT. 2962 PUBLIC LAW 94-588—OCT. 22, 1976 weeks in some newspaper of general circulation in the county or counties in which may be situated the lands to be accepted, and in some like newspaper published in any county in which may be situated any lands or timber to be given in such exchange. Timber given in such exchanges shall be cut and removed under the laws and regulations relating to such national forests, and under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. Lands so accepted by the Secre- tary of Agriculture shall, upon acceptance, become pails of the national forests Avithin whose exterior boundaries they are located, and be subjected to all provisions of this Act.". 16 use 518. (5) Section 9, as amended, is amended by striking out the fol- lowing language in the first sentence: "the National Forest Reservation Commission and". Repeal. (6) Section 14, as amended, is repealed. 16 use 514. (b) For purposes of providing information that will aid the Con- Forest land gress in its oversight responsibilities and improve the accountability of acquisitions, expenditures for the acquisition of forest land, the Secretary of Agri- report to congressional culture may not hereafter enter into any land purchase or exchange committees. relating to the National Forest System of $25,000 or more for the types 16 use 521b. of lands which have been heretofore approved by the National Forest Reservation Commission until after 30 days from the date upon which a detailed report of the facts concerning such proposed purchase or transfer is submitted to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture and Forestry of the Senate or such earlier time as may be approved by both such com- mittees. Such report shall contain at least the following: (1) guidelines utilized by the Secretary in determining that the land should be acquired; (2) the location and size of the land; (3) the purchase price of the land and the criteria used by the Secretary in determining such price; and (4) the person from whom the land is being acquired. AMENDMENT TO THE KNUTSON-VANDENBERG ACT SEC. 18. Section 3 of the Act of June 9,1930 (46 Stat. 527; 16 U.S.C. 576b), is amended— (a) by striking out the word "or" immediately before " ( 3 ) " in the first sentence thereof; and (b) by striking out in the first sentence thereof the colon pre- ceding the proviso and all that follows down through "three years" and inserting in lieu thereof the following: ", or (4) protecting and improving the future productivity of the renewable resources of the forest land on such sale area, including sale area improve- ment operations, maintenance and construction, reforestation and wildlife habitat management". A M E N D M E N T TO T H E A C T O F JUNE 12, 1960 SEC. 19. The Act of June 12,1960 (74 Stat. 215; 16 U.S.C. 528-531), is amended by adding at the end thereof the following new section: Short title. "SEC. 5. This Act may be cited as the 'Multiple-LTse Sustained-Yield 16 u s e 528 note. Act of I960'.".
PUBLIC LAW 94-588—OCT. 22, 1976 90 STAT. 2963 PLAN FOK CONTROL OF DUTCH ELM DISEASE SEC. 20. The Secretary of Agriculture, in consultation with officials Study, of both the States and political subdivisions thereof, shall conduct a evaluation. study of the incidence of Dutch elm disease and evaluate methods for 16 use 594-2 controlling the spread of such disease. The Secretary shall prepare and note. Report, submittiil submit to tlie Piesident and both Houses of the Congress on or before to President and March 1,1977, a report which includes— Congress. (1) the results of such study; (2) plans for further research into the control of Dutch elm disease; and (3) an action plan which includes a program of outreach and public information about the disease, and recommendations for controlling the spread of the disease. SEVERABILITY SEC. 21. If any provision of this Act or the application thereof to any 16 use 1600 person or circumstances is held invalid, the validity of the remainder note. of the Act and of the application of such provision to other persons and circumstances shall not be affected thereby. Approved October 22, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1478, pt. 1 accompanying H.R. 15069 (eomm. on Agriculture) and No. 94-1478, pt. 2 accompanying H.R. 15069 (Comm. on Interior and Insular Affairs) and No. 94-1735 (Comm. of Conference). SENATE REPORTS: No. 94-893 (Comm. on Agriculture and Forestry) and No. 94-905 (Comm. on Interior and Insular Affairs) and No. 94-1335 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 25, considered and passed Senate. Sept. 15, 17, considered and passed House, amended, in lieu of H.R. 15069. Sept. 30, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 44: Oct. 22, Presidential statement.